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2025 Supreme(Mad) 4026

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. SUNDAR, K. RAJASEKAR, JJ.
Rosiammal & Ors. - Petitioners
Versus
The Assistant Engineer Water Resources Department, Irrigation Division, Ranipet District & Ors. - Respondents
W.P. Nos.744, 924, 926, 928, 930, 935, 842, 847, 857, 864 & 867 of 2025 and W.M.P.No.914, 1110, 1115, 1116, 1119, 1122, 1016, 1021, 1031, 1032 and 1040 of 2025
Decided On : 21-01-2025 

Advocates Appeared:
For the Petitioners: Mr. T.M. Mano for Mr. P. Krishnan.
For the Respondents: Mr. V. Ravi Special Government Pleader.

The court reaffirmed the necessity of adhering to principles of natural justice, requiring authorities to consider objections before taking coercive actions regarding land classification under the Tanks Act.

Headnote:(A) Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 - Challenging notices issued under the Act concerning land classification - Petitioners allege that the lands do not qualify as Tank - Respondents must consider objections under the principles of natural justice as affirmed in T.K. Shanmugam's case. (Paras 11, 10, 16)

(B) The Court established that notices must allow an opportunity for response before coercive action is taken, emphasizing adherence to the procedural norms laid down in past judgments for protecting encroachers' rights. (Paras 12, 15)

Facts of the case:
Eleven writ petitions challenge notices issued concerning certain lands classified under the Tanks Act. Petitioners claim these lands contain diverse classifications, which do not solely make them Tanks under the Act. (Paras 5, 3)

Findings of Court:
The impugned orders were set aside for failing to consider relevant revenue reports, which the petitioners had included in their objections. Orders must be reconsidered based on proper review of all materials. (Paras 10, 8)

Issues: Whether the lands in question qualify as Tank under the Tanks Act and if proper procedure was followed in issuing impugned notices. (Paras 3, 5)

Ratio Decidendi: The Court reiterated that principles of natural justice require that all objections be considered before any coercive action is undertaken against alleged encroachers. (Paras 11, 15)

Result: Impugned orders set aside and remanded for consideration of reports and objections.

Table of Content
1. overview of writ petitions and impugned notices. (Para 1 , 2)
2. consideration and review of revenue reports. (Para 4 , 10 , 11)
3. arguments regarding classification of land and notices. (Para 5 , 6 , 9)

ORDER :

M. SUNDAR, J.

This common order will now govern the captioned 11 main writ petitions (hereinafter 'WPs' for the sake of brevity) and the captioned11 WMPs thereat.

2. This is the second round of litigation in this Court. The earlier round of litigation in this Court was vide W.P. Nos.37465 of 2024 etc. batch (11 WPs) which came to be disposed of by a common order dated 09.12.2024 made by this Court which reads as follows:

'IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2024

CORAM
THE HONOURABLE MR. JUSTICE M. SUNDAR
and
THE HONOURABLE MR. JUSTICE K. RAJASEKAR


W.P.Nos.37465, 37468, 37470, 37472, 37477, 37478, 37480, 37482, 37483, 37485 & 37486 of 2024
and
W.M.P.No. 40495 of 2024 in W.P. No.37465 of 2024
W.M.P.No. 40498 of 2024 in W.P. No.37468 of 2024
W.M.P.No. 40499 of 2024 in W.P. No.37470 of 2024
W.M.P.No. 40500 of 2024 in W.P. No.37472 of 2024
W.M.P.No. 40506 of 2024 in W.P. No.37477 of 2024
W.M.P.No. 40508 of 2024 in W.P. No.37478 of 2024
W.M.P.No. 40509 of 2024 in W.P. No.37480 of 2024
W.M.P.No. 40510 of 2024 in W.P. No.37482 of 2024
W.M.P.No. 40511 of 2024 in W.P. No.37483 of 2024
W.M.P.No. 40512 of 2024 in W.P. No.37485 of 2024
W.M.P.No. 40513 of 2024 in W.P. No.37486 of 2024











Rosiammal ... Petitioner in W.P. No.37465 of 2024
Subbamma .. Petitioner in W.P. No.37468 of 2024
Chinnammal .. Petitioner in W.P. No.37470 of 2024
Vasanthi .. Petitioner in W.P. No.37472 of 2024
Prema .. Petitioner in W.P. No.37477 of 2024
1. Kanchana
2. Loganathan .. Petitioners in W.P. No.37478 of 2024
Sasikala .. Petitioner in W.P. No.37480 of 2024
S.Gowri .. Petitioner in W.P. No.37482 of 2024
Valliamma .. Petitioner in W.P. No.37483 of 2024
Dhanalakshmi .. Petitioner in W.P. No. 37485 of 2024
Saritha .. Petitioner in W.P. No.37486 of 2024
vs.
1. The Assistant Engineer, Water Resources Department, Irrigation Division, Arakkonam, Ranipet District.
2. The Commissioner, Arakkonam Municipality, Arakkonam, Ranipet District.
3. The Tahsildar, Arakkonam Taluk Arakkonam, Ranipet District. ... Respondents in all WPs

Writ Petitions filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned orders dated 06.07.2022 and 15.11.2024 in Letter No. File No.34/A.E/Arakkonam/2024 issued by the 1st respondent, quash the same and consequently direct the respondents to regularize the petitioners' occupation over the sarkar poramboke as per the Circular vide Letter No.F3/11339/2018 dated 07.12.2020 issued by the Commissioner of Land Administration, Chepauk, Chennai.

For Petitioner : Mr. T.M. Mano for Mr. P. Krishnan in all WPs
For Respondents : Mr. V. Ravi Special Government Pleader for R1 & R3 in all WPs
Mr. T.K. Saravanan Government Advocate for R2 in all WPs

COMMON ORDER
[Order of the Court was made by M.SUNDAR, J.,]

This common order will govern the captioned 11 'Writ Petitions'(hereinafter 'WPs' in plural and 'WP' in singular for the sake of convenience and clarity) and 11 captioned 'Writ Miscellaneous Petitions' (hereinafter 'WMPs' in plural and 'WMP' in singular for the sake of convenience and clarity) thereat.

2. In all the 11 WPs, two sets of notices, one set dated 06.07.2022 and another set dated 15.11.2024 bearing reference both issued by R1 (The Assistant Engineer, Water Resources Department, Irrigation Division, Arakkonam, Ranipet District) have been called in question. These notices shall be collectively referred to as 'impugned notices' for the sake of convenience and clarity. However, wherever it becomes necessary, '06.07.2022 notices' shall be referred to as 'I impugned notices' and '15.11.2024 notices' shall be referred to as 'II impugned notices'.

3. Impugned notices have been issued under 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007' (her

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